Scott v. Boston & New Orleans Steamship Co.
Massachusetts Supreme Judicial Court
Contract against common carriers for their failure to deliver seasonably at Boston cotton shipped thither by the plaintiff on their steamship at New Orleans.
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Contract against common carriers for their failure to deliver seasonably at Boston cotton shipped thither by the plaintiff on their steamship at New Orleans. Trial in the superior court, before Reed, J., who reported the following case to this count; “In August 1867 the defendants were common carriers and owned steamships carrying freight between the ports of New Orleans and Boston, and their steamship Kensington was lying in the port of New Orleans, advertised to take freight for Boston. The plaintiff’s agents delivered into the custody of agents of the defendants, on the wharf, alongside…
1Opinion of the CourtColt, J.
The ordinary measure of damages, in an action against a common carrier, for a failure to deliver in time goods intrusted to him for carriage, is the difference between the market value at the time when and place where they ought to have been delivered, and their market value at that place on the day when they were in fact delivered. The plaintiff contends that, as he had previously sold a part of the cotton in question “ to arrive,” the application of a different rule is here required and that a new element, not considered in the cases which have been decided by this court, is introduced.…
2Cited by11 opinions
- Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Fox v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
- Grindle v. Eastern Express Co.Supreme Judicial Court of Maine · 1877
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